27. Establishment of bargaining councils
28. Powers and functions of bargaining council
29. Registration of bargaining councils
30. Constitution of bargaining council
31. Binding nature of collective agreement concluded in bargaining
council
32. Extension of collective agreement concluded in bargaining council
33. Appointment and powers of designated agents of bargaining councils
34. Amalgamation of bargaining councils

Part D-Bargaining Councils
In The Public Service

35. Bargaining councils in public service
36. Public Service Coordinating Bargaining Council
37. Bargaining councils in sectors in public service
38. Dispute resolution committee

Part E-Statutory Councils

39. Application to establish statutory
council
40. Establishment and registration of statutory council
41. Establishment and registration of statutory council in absence of
agreement
42. Certificate of registration of statutory council
43. Powers and functions of statutory councils
44. Ministerial determinations
45. Disputes about determinations
46. Withdrawal of party from statutory council
47. Appointment of new representative of statutory council
48. Change of status of statutory council

Part F-General Provisions
Concerning Councils

49. Representativeness of council
50. Effect of registration of council
51. Dispute resolution functions of council
52. Accreditation of council or appointment of accredited agency
53. Accounting records and audits
54. Duty to keep records and provide information to registrar
55. Delegation of functions to committee of council
56. Admission of parties to council
57. Changing constitution or name of council
58. Variation of registered scope of council
59. Winding-up of council
60. Winding-up of council by reason of insolvency
61. Cancellation of registration of council
62. Disputes about demarcation between sectors and areas
63. Disputes about Parts A and C to F

Schedule 1

Establishment Of
Bargaining Councils For Public Service

1. Definitions for this Schedule
2. Establishment of Public Service Coordinating Bargaining Council
3. Establishment of bargaining council in sectors

In this Part, unless otherwise stated,
"representative trade union" means a registered trade union, or
two or more registered trade unions acting jointly, that are sufficiently
representative of the employees employed by an employer in a workplace.

12. Trade union access to
workplace

(1) Any office-bearer or official of a
representative trade union is entitled to enter the employer's premises in
order to recruit members or communicate with members, or otherwise serve
members' interests.

(2) A representative trade union is
entitled to hold meetings with employees outside their working hours at
the employer's premises.

(3) The members of a representative trade
union are entitled to vote at the employer's premises in any election or
ballot contemplated in that trade union's constitution.

(4) The rights conferred by this section
are subject to any conditions as to time and place that are reasonable and
necessary to safeguard life or property or to prevent the undue disruption
of work.

13. Deduction of trade
union subscriptions or levies

(1) Any employee who is a member of a
representative trade union may authorise the employer in writing to deduct
subscriptions or levies payable to that trade union from the employee's
wages.

(2) An employer who receives an
authorisation in terms of subsection (1) must begin making the authorised
deduction as soon as possible and must remit the amount deducted to the
representative trade union by not later than the 15th day of the month
first following the date each deduction was made.

(3) An employee may revoke an authorisation
given in terms of subsection (1) by giving the employer and the
representative trade union one month's written notice or, if the employee
works in the public service, three months' written notice.

(4) An employer who receives a notice in
terms of subsection (3) must continue to make the authorised deduction
until the notice period has expired and then must stop making the
deduction.

(5) With each monthly remittance, the
employer must give the representative trade union-

(a) a list of the names of every member
from whose wages the employer has made the deductions that are included
in the remittance;

(b) details of the amounts deducted and
remitted and the period to which the deductions relate; and

(c) a copy of every notice of revocation
in terms of subsection (3).

14. Trade union
representatives

(1) In this section, "representative
trade union" means a registered trade union, or two or more
registered trade unions acting jointly, that have as members the majority
of the employees employed by an employer in a workplace.

(2) In any workplace in which at least 10
members of a representative trade union are employed, those members are
entitled to elect from among themselves-

(a) if there are 10 members of the trade
union employed in the workplace, one trade union representative;

(b) if there are more than 10 members of
the trade union employed in the workplace, two trade union
representatives;

(c) if there are more than 50 members of
the trade union employed in the workplace, two trade union
representatives for the first 50 members, plus a further one trade union
representative for every additional 50 members up to a maximum of seven
trade union representatives;

(d) if there are more than 300 members of
the trade union employed in the workplace, seven trade union
representatives for the first 300 members, plus one additional trade
union representative for every 100 additional members up to a maximum of
10 trade union representatives;

(e) if there are more than 600 members of
the trade union employed in the workplace, 10 trade union
representatives for the first 600 members, plus one additional trade
union representative for every 200 additional members up to a maximum of
12 trade union representatives; and if there are more than 1000 members
of the trade union employed in the workplace, 12 trade union
representatives for the first 1000 members, plus one additional trade
union representative for every 500 additional members up to a maximum of
20 trade union representatives.

(3) The constitution of the representative
trade union governs the nomination, election, term of office and removal
from office of a trade union representative.

(4) A trade union representative has the
right to perform the following functions-

(a) at the request of an employee in the
workplace, to assist and represent the employee in grievance and
disciplinary proceedings;

(b) to monitor the employer's compliance
with the workplace-related provisions of this Act, any law regulating
terms and conditions of employment and any collective agreement binding
on the employer;

(c) to report any alleged contravention
of the workplace-related provisions of this Act, any law regulating
terms and conditions of employment and any collective agreement binding
on the employer to-

(i) the employer;

(ii) the representative trade union;
and

(iii) any responsible authority or
agency; and

(d) to perform any other function agreed
to between the representative trade union and the employer.

(5) Subject to reasonable conditions, a
trade union representative is entitled to take reasonable time off with
pay during working hours-

(a) to perform the functions of a trade
union representative; and

(b) to be trained in any subject relevant
to the performance of the functions of a trade union representative.

15. Leave for trade union
activities

(1) An employee who is an office-bearer of
a representative trade union, or of a federation of trade unions to which
the representative trade union is affiliated, is entitled to take
reasonable leave during working hours for the purpose of performing the
functions of that office.

(2) The representative trade union and the
employer may agree to the number of days of leave, the number of days of
paid leave and the conditions attached to any leave.

(3) An arbitration award in terms of
section 21(7) regulating any of the matters referred to in subsection (2)
remains in force for 12 months from the date of the award.

16. Disclosure of
information

(1) For the purposes of this section,
"representative trade union" means a registered trade union, or
two or more registered trade unions acting jointly, that have as members
the majority of the employees employed by an employer in a workplace.

(2) Subject to subsection (5), an employer
must disclose to a trade union representative all relevant information
that will allow the trade union representative to perform effectively the
functions referred to in section 14(4).

(3) Subject to subsection (5), whenever an
employer is consulting or bargaining with a representative trade union,
the employer must disclose to the representative trade union all relevant
information that will allow the representative trade union to engage
effectively in consultation or collective bargaining.

(4) The employer must notify the trade
union representative or the representative trade union in writing if any
information disclosed in terms of subsection (2) or (3) is confidential.

(5) An employer is not required to disclose
information-

(a) that is legally privileged;

(b) that the employer cannot disclose
without contravening a prohibition imposed on the employer by any law or
order of any court;

(c) that is confidential and, if
disclosed, may cause substantial harm to an employee or the employer; or

(d) that is private personal information
relating to an employee, unless that employee consents to the disclosure
of that information.

(6) If there is a dispute about what
information is required to be disclosed in terms of this section, any
party to the dispute may refer the dispute in writing to the Commission.

(7) The party who refers the dispute to the
Commission must satisfy it that a copy of the referral has been served on
all the other parties to the dispute.

(8) The Commission must attempt to resolve
the dispute through conciliation.

(9) If the dispute remains unresolved, any
party to the dispute may request that the dispute be resolved through
arbitration.

(10) In any dispute about the disclosure of
information contemplated in subsection (6), the commissioner must first
decide whether or not the information is relevant.

(11) If the commissioner decides that the
information is relevant and if it is information contemplated in
subsection (5)(c) or (d), the commissioner must balance the harm that the
disclosure is likely to cause to an employee or employer against the harm
that the failure to disclose the information is likely to cause to the
ability of a trade union representative to perform effectively the
functions referred to in section 14(4) or the ability of a representative
trade union to engage effectively in consultation or collective
bargaining.

(12) If the commissioner decides that the
balance of harm favours the disclosure of the information, the
commissioner may order the disclosure of the information on terms designed
to limit the harm likely to be caused to the employee or employer.

(13) When making an order in terms of
subsection (I 2), the commissioner must take into account any breach of
confidentiality in respect of information disclosed in terms of this
section at that workplace and may refuse to order the disclosure of the
information or any other confidential information which might otherwise be
disclosed for a period specified in the arbitration award.

(14) In any dispute about an alleged breach
of confidentiality, the commissioner may order that the right to
disclosure of information in that workplace be withdrawn for a period
specified in the arbitration award.

17. Restricted rights in
domestic sector

(1) For the purposes of this section,
"domestic sector" means the employment of employees engaged in
domestic work in their employers' homes or on the property on which the
home is situated.

(2) The rights conferred on representative
trade unions by this Part in so far as they apply to the domestic sector
are subject to the following limitations-

(a) the right of access to the premises
of the employer conferred by section 12 on an office-bearer or official
of a representative trade union does not include the right to enter the
home of the employer, unless the employer agrees; and

(b) the right to the disclosure of
information conferred by section 16 does not apply in the domestic
sector.

18. Right to establish
thresholds of representativeness

(1) An employer and a registered trade
union whose members are a majority of the employees employed by that
employer in a workplace, or the parties to a bargaining council, may
conclude a collective agreement establishing a threshold of
representativeness required in respect of one or more of the
organisational rights referred to in sections 12, 13 and 15.

(2) A collective agreement concluded in
terms of subsection (1) is not binding unless the thresholds of
representativeness in the collective agreement are applied equally to any
registered trade union seeking any of the organisational rights referred
to in that subsection.

19. Certain organisational
rights for trade union party to council

Registered trade unions that are parties to
a council automatically have the rights contemplated in sections 12 and 13
in respect of all workplaces within the registered scope of the council
regardless of their representativeness in any particular workplace.

20. Organisational rights
in collective agreements

Nothing in this Part precludes the
conclusion of a collective agreement that regulates organisational rights.

21. Exercise of rights
conferred by this Part 4

(1) Any registered trade union may notify
an employer in writing that it seeks to exercise one or more of the rights
conferred by this Part in a workplace.

(2) The notice referred to in subsection
(1) must be accompanied by a certified copy of the trade unions
certificate of registration and must specify-

(a) the workplace in respect of which the
trade union seeks to exercise the rights;

(b) the representativeness of the trade
union in that workplace, and the facts relied upon to demonstrate that
it is a representative trade union; and

(c) the rights that the trade union seeks
to exercise and the manner in which it seeks to exercise those rights.

(3) Within 30 days of receiving the notice,
the employer must meet the registered trade union and endeavour to
conclude a collective agreement as to the manner in which the trade union
will exercise the rights in respect of that workplace.

(4) If a collective agreement is not
concluded, either the registered trade union or the employer may refer the
dispute in writing to the Commission.

(5) The party who refers the dispute to the
Commission must satisfy it that a copy of the referral has been served on
the other party to the dispute.

(6) The Commission must appoint a
commissioner to attempt to resolve the dispute through conciliation.

(7) If the dispute remains unresolved,
either party to the dispute may request that the dispute be resolved
through arbitration.

(8) If the unresolved dispute is about
whether or not the registered trade union is a representative trade union,
the commissioner-

(a) must seek

(i) to minimise the proliferation of
trade union representation in a single workplace and, where possible,
to encourage a system of a representative trade union in a workplace;
and

(ii) to minimise the financial and
administrative burden of requiring an employer to grant organisational
rights to more than one registered trade union;

(b) must consider-

(i) the nature of the workplace;

(ii) the nature of the one or more
organisational rights that the registered trade union seeks to
exercise;

(iii) the nature of the sector in which
the workplace is situated; and

(iv) the organisational history at the
workplace or any other workplace of the employer; and

(c) may withdraw any of the
organisational rights conferred by this Part and which are exercised by
any other registered trade union in respect of that workplace, if that
other trade union has ceased to be a representative trade union.

(9) In order to determine the membership or
support of the registered trade union, the commissioner may-

(a) make any necessary inquiries;

(b) where appropriate, conduct a ballot
of the relevant employees; and

(c) take into account any other relevant
information.

(10) The employer must cooperate with the
commissioner when the commissioner acts in terms of subsection (9), and
must make available to the commissioner any information and facilities
that are reasonably necessary for the purposes of that subsection.

(11) An employer who alleges that a trade
union is no longer a representative trade union may apply to the
Commission to withdraw any of the organisational rights conferred by this
Part, in which case the provisions of subsections (5) to (10) apply, read
with the changes required by the context.

22. Disputes about
organisational rights

(1) Any party to a dispute about the
interpretation or application of any provision of this Part, other than a
dispute contemplated in section 21, may refer the dispute in writing to
the Commission.

(2) The party who refers a dispute to the
Commission must satisfy it that a copy of the referral has been served on
all the other parties to the dispute.

(3) The Commission must attempt to resolve
the dispute through conciliation.

(4) If the dispute remains unresolved, any
party to the dispute may request that the dispute be resolved through
arbitration as soon as possible.

Part B-Collective
Agreements

23. Legal effect of
collective agreement

(1) A collective agreement binds-

(a) the parties to the collective
agreement;

(b) each party to the collective
agreement and the members of every other I party to the collective
agreement, in so far as the provisions are applicable between them;

(c) the members of a registered trade
union and the employers who are members of a registered employers'
organisation that are party to the collective agreement if the
collective agreement regulates-

(i) terms and conditions of employment;
or

(ii) the conduct of the employers in
relation to their employees or the conduct of the employees in
relation to their employers;

(d) employees who are not members of the
registered trade union or trade unions party to the agreement if-

(i) the employees are identified in the
agreement;

(ii) the agreement expressly binds the
employees; and

(iii) that trade union or those trade
unions have as their members the majority of employees employed by the
employer in the workplace.

(2) A collective agreement binds for the
whole period of the collective agreement every person bound in terms of
subsection (1)(c) who was a member at the time it became binding, or who
becomes a member after it became binding, whether or not that person
continues to be a member of the registered trade union or registered
employers' organisation for the duration of the collective agreement.

(3) Where applicable, a collective
agreement varies any contract of employment between an employee and
employer who are both bound by the collective agreement.

(4) Unless the collective agreement
provides otherwise, any party to a collective agreement that is concluded
for an indefinite period may terminate the agreement by giving reasonable
notice to the other parties.

24. Disputes about
collective agreements

(1) Every collective agreement, excluding
an agency shop agreement concluded in terms of section 25 or a closed shop
agreement concluded in terms of section 26, must provide for a procedure
to resolve any dispute about the interpretation or application of the
collective agreement. The procedure must first require the parties to
attempt to resolve the dispute through conciliation and, if the dispute
remains unresolved, to resolve it through arbitration.

(2) If there is a dispute about the
interpretation or application of a collective agreement, any party to the
dispute may refer the dispute in writing to the Commission if-

(a) the collective agreement does not
provide for a procedure as required by subsection (1);

(b) the procedure provided for in the
collective agreement is not operative; or

(c) any party to the collective agreement
has frustrated the resolution of the dispute in terms of the collective
agreement.

(3) The party who refers the dispute to the
Commission must satisfy it that a copy of the referral has been served on
all the other parties to the dispute.

(4) The Commission must attempt to resolve
the dispute through conciliation.

(5) If the dispute remains unresolved, any
party to the dispute may request that the dispute be resolved through
arbitration.5

(6) If there is a dispute about the
interpretation or application of an agency shop agreement concluded in
terms of section 25 or a closed shop agreement concluded in terms of
section 26, any party to the dispute may refer the dispute in writing to
the Commission, and subsections (3) to (5) will apply to that dispute.6

(7) Any person bound by an arbitration
award about the interpretation or application of section 25(3)(c) and (d)
or section 26(3)(d) may appeal against that award to the Labour Court.

25. Agency shop agreements

(1) A representative trade union and an
employer or employers' organisation may conclude a collective agreement,
to be known as an agency shop agreement, requiring the employer to deduct
an agreed agency fee from the wages of its employees who are identified in
the agreement and who are not members of the trade union.

(2) For the purposes of this section,
"representative trade union" means a registered trade union, or
two or more registered trade unions acting jointly, whose members are a
majority of the employees employed-

(a) by an employer in a workplace; or

(b) by the members of an employers'
organisation in a sector and area in respect of which the agency shop
agreement applies.

(3) An agency shop agreement is binding
only if it provides that-

(a) employees who are not members of the
representative trade union are not compelled to become members of that
trade union;

(b) the agreed agency fee must be
equivalent to, or less than-

(i) the amount of the subscription
payable by the members of the representative trade union;

(ii) if the subscription of the
representative trade union is calculated as a percentage of an
employee's salary, that percentage; or

(iii) if there are two or more
registered trade unions party to the agreement, the highest amount of
the subscription that would apply to an employee;

(c) the amount deducted must be paid into
a separate account administered by the representative trade union; and

(d) no part of the amount deducted may
be-

(i) paid to a political party as an
affiliation fee;

(ii) contributed in cash or kind to a
political party or a person standing for election to any political
office; or

(iii) used for any expenditure that
does not advance or protect the socioeconomic interests of employees.

(4) (a) Despite the provisions of any law
or contract, an employer may deduct the agreed agency fee from the wages
of an employee without the employee's authorisation.

(b) Despite subsection 3(c) a conscientious
objector may request the employer to pay the amount deducted from that
employee's wages into a fund administered by the Department of Labour.

(5) The provisions of sections 98 and
100(b) and (c) apply, read with the changes required by the context, to
the separate account referred to in subsection (3)(c).

(6) Any person may inspect the auditor's
report, in so far as it relates to an account referred to in subsection
(3)(c), in the registrar's office.

(7) The registrar must provide a certified
copy of, or extract from, any of the documents referred to in subsection
(6) to any person who has paid the prescribed fees.

(8) An employer or employers' organisation
that alleges that a trade union is no longer a representative trade union
in terms of subsection (1) must give the trade union written notice of the
allegation, and must allow the trade union 90 days from the date of the
notice to establish that it is a representative trade union.

(9) If, within the 90-day period, the trade
union falls to establish that it is a representative trade union, the
employer must give the trade union and the employees covered by the agency
shop agreement 30 days' notice of termination, after which the agreement
will terminate.

(10) If an agency shop agreement is
terminated, the provisions of subsection (3)(c) and (d) and (5) apply
until the money in the separate account is spent.

26. Closed shop agreements

(1) A representative trade union and an
employer or employers' organisation may conclude a collective agreement,
to be known as a closed shop agreement, requiring all employees covered by
the agreement to be members of the trade union.

(2) For the purposes of this section,
"representative trade union" means a registered trade union, or
two or more registered trade unions acting Jointly, whose members are a
majority of the employees employed-

(a) by an employer in a workplace; or

(b) by the members of an employers'
organisation in a sector and area in respect of which the closed shop
agreement applies.

(3) A closed shop agreement is binding only
if-

(a) a ballot has been held of the
employees to be covered by the agreement;

(b) two thirds of the employees who voted
have voted in favour of the agreement;

(c) there is no provision in the
agreement requiring membership of the representative trade union before
employment commences; and

(d) it provides that no part of the
amount deducted may be-

(i) paid to a political party as an
affiliation fee;

(ii) contributed in cash or kind to a
political party or a person standing for election to any political
office; or

(iii) used for any expenditure that
does not advance or protect the socioeconomic interests of employees.

(4) Despite subsection (3)(b), a closed
shop agreement contemplated in subsection (2)(b) may be concluded between
a registered trade union and a registered employers' organisation in
respect of a sector and area to become binding in every workplace in
which-

(a) a ballot has been held of the
employees to be covered by the agreement; and

(b) two thirds of the employees who voted
have voted in favour of the agreement.

(5) No trade union that is party to a
closed shop agreement may refuse an employee membership or expel an
employee from the trade union unless-

(a) the refusal or expulsion is in
accordance with the trade union's constitution; and

(b) the reason for the refusal or
expulsion is fair, including, but not limited to, conduct that
undermines the trade union's collective exercise of its rights.

(6) It is not unfair to dismiss an
employee-

(a) for refusing to join a trade union
party to a closed shop agreement;

(b) who is refused membership of a trade
union party to a closed shop agreement if the refusal is in accordance
with the provisions of subsection (5); or

(c) who is expelled from a trade union
party to a closed shop agreement if the expulsion is in accordance with
the provisions of subsection (5).

(7) Despite subsection (6)-

(a) the employees at the time a closed
shop agreement takes effect may not be dismissed for refusing to Join a
trade union party to the agreement; and

(b) employees may not be dismissed for
refusing to join a trade union party to the agreement on grounds of
conscientious objection.

(8) The employees referred to in subsection
(7) may be required by the closed shop agreement to pay an agreed agency
fee, in which case the provisions of section 25(3)(b), (c) and (d) and (4)
to (7) apply. (9) If the Labour Court decides that a dismissal is unfair
because the refusal of membership of or the expulsion from a trade union
party to a closed shop agreement was unfair, the provisions of Chapter
VIII apply, except that any order of compensation in terms of that Chapter
must be made against the trade union.

(10) A registered trade union that
represents a significant interest in, or a substantial number of, the
employees covered by a closed shop agreement may notify the parties to the
agreement of its intention to apply to become a party to the agreement
and, within 30 days of the notice, the employer must convene a meeting of
the parties and the registered trade union in order to consider the
application.

(11) If the parties to a closed shop
agreement do not admit the registered trade union as a party, the trade
union may refer the dispute in writing to the Commission.

(12) The registered trade union must
satisfy the Commission that a copy of the referral has been served on all
the parties to the closed shop agreement.

(13) The Commission must attempt to resolve
the dispute through conciliation.

(14) If the dispute remains unresolved, any
party to the dispute may refer it to the Labour Court for adjudication.

(15) The representative trade union must
conduct a ballot of the employees covered by the closed shop agreement to
determine whether the agreement should be terminated if-

(a) one third of the employees covered by
the agreement sign a petition calling for the termination of the
agreement; and

(b) three years have elapsed since the
date on which the agreement commenced or the last ballot was conducted
in terms of this section.

(16) If a majority of the employees who
voted, have voted to terminate the closed shop agreement, the agreement
will terminate.

(17) Unless a collective agreement provides
otherwise, the ballot referred to in subsections (3)(a) and (15) must be
conducted in accordance with the guidelines published by the Commission.

Part C-Bargaining Councils

27. Establishment of
bargaining councils

(1) One or more registered trade unions and
one or more registered employers' organisations may establish a bargaining
council for a sector and area by-

(a) adopting a constitution that meets
the requirements of section 30; and

(b) obtaining registration of the
bargaining council in terms of section 29.

(2) The State may be a party to any
bargaining council established in terms of this section if it is an
employer in the sector and area in respect of which the bargaining council
is established.

(3) If the State is a party to a bargaining
council in terms of subsection (2), any reference to a registered
employers' organisation includes a reference to the State as a party.

28. Powers and functions of
bargaining council

The powers and functions of a bargaining
council in relation to its registered scope include the following-

(a) to conclude collective agreements;

(b) to enforce those collective
agreements;

(c) to prevent and resolve labour
disputes;

(d) to perform the dispute resolution
functions referred to in section 51;

(e) to establish and administer a fund to
be used for resolving disputes;

(f) to promote and establish training and
education schemes;

(g) to establish and administer pension,
provident, medical aid, sick pay, holiday, unemployment and training
schemes or funds or any similar schemes or funds for the benefit of one
or more of the parties to the bargaining council or their members;

(h) to develop proposals for submission
to NEDLAC or any other appropriate forum on policy and legislation that
may affect the sector and area;

(i) to determine by collective agreement
the matters which may not be an issue in dispute for the purposes of a
strike or a lock-out at the workplace; and

(j) to confer on workplace forums
additional matters for consultation.

29. Registration of
bargaining councils

(1) The parties referred to in section 27
may apply for registration of a bargaining council by submitting to the
registrar-

(a) the prescribed form that has been
properly completed;

(b) a copy of its constitution; and

(c) any other information that may assist
the registrar to determine whether or not the bargaining council meets
the requirements for registration.

(2) The registrar may require further
information in support of the application.

(3) As soon as practicable after receiving
the application, the registrar must publish a notice containing the
material particulars of the application in the Government Gazette. The
notice must inform the general public that they-

(a) may object to the application on any
of the grounds referred to in subsection (4); and

(b) have 30 days from the date of the
notice to serve any objection on the registrar and a copy on the
applicant.

(4) Any person who objects to the
application must satisfy the registrar that a copy of the objection has
been served on the applicant and that the objection is on any of the
following grounds-

(a) the applicant has not complied with
the provisions of this section;

(b) the sector and area in respect of
which the application is made is not appropriate;

(c) the applicant is not sufficiently
representative in the sector and area in respect of which the
application is made.

(5) The registrar may require further
information in support of the objection.

(6) The applicant may respond to an
objection within 14 days of the expiry of the period referred to in
subsection (3)(b), and must satisfy the registrar that a copy of that
response has been served on the person who objected.

(7) The registrar, as soon as practicable,
must send the application and any objections, responses and further
information to NEDLAC to consider.

(8) NEDLAC, within 90 days of receiving the
documents from the registrar, must-

(a) consider the appropriateness of the
sector and area in respect of which the application is made;

(b) demarcate the appropriate sector and
area in respect of which the bargaining council should be registered;
and

(c) report to the registrar in writing.

(9) If NEDLAC fails to agree on a
demarcation as required in subsection (8)(b), the Minister must demarcate
the appropriate sector and area and advise the registrar.

(10) In determining the appropriateness of
the sector and area for the demarcation contemplated in subsection (8)(b),
NEDLAC or the Minister must seek to give effect to the primary objects of
this Act.

(11) The registrar-

(a) must consider the application and any
further information provided by the applicant;

(b) must determine whether-

(i) the applicant has complied with the
provisions of this section;

(ii) the constitution of the bargaining
council complies with section 30;

(iii) adequate provision is made in the
constitution of the bargaining council for the representation of small
and medium enterprises;

(iv) the parties to the bargaining
council are sufficiently representative of the sector and area
determined by NEDLAC or the Minister; and

(v) there is no other council
registered for the sector and area in respect of which the application
is made; and

(c) if satisfied that the applicant meets
the requirements for registration, must register the bargaining council
by entering the applicant's name in the register of councils.

(12) If the registrar is not satisfied that
the applicant meets the requirements for registration, the registrar-

(a) must send the applicant a written
notice of the decision and the reasons for that decision; and

(b) in that notice, must inform the
applicant that it has 30 days from the date of the notice to meet those
requirements.

(13) If, within that 30-day period, the
applicant meets those requirements, the registrar must register the
applicant by entering the applicant's name in the register of councils.

(14) If, after the 30-day period, the
registrar concludes that the applicant has failed to meet the requirements
for registration, the registrar must-

(a) refuse to register the applicant; and

(b) notify the applicant and any person
that objected to the application of that decision in writing.

(15) After registering the applicant, the
registrar must-

(a) issue a certificate of registration
in the applicant's name that must specify the registered scope of the
applicant; and

(b) send the registration certificate and
a certified copy of the registered constitution to the applicant.

30. Constitution of
bargaining council

(1) The constitution of every bargaining
council must provide for-

(a) the appointment of representatives of
the parties to the bargaining council, of whom half must be appointed by
the trade unions that are party to the bargaining council and the other
half by the employers' organisations that are party to the bargaining
council, and the appointment of alternates to the representatives;

(b) the representation of small and
medium enterprises;

(c) the circumstances and manner in which
representatives must vacate their seats' and the procedure for replacing
them;

(d) rules for the convening and
conducting of meetings of representatives, including the quorum required
for, and the minutes to be kept of, those meetings;

(e) the manner in which decisions are to
be made; the appointment or election of office-bearers and officials,
their functions, and the circumstances and manner in which they may be
removed from office;

(g) the establishment and functioning of
committees;

(h) the determination through arbitration
of any dispute arising between the parties to the bargaining council
about the interpretation or application of the bargaining council's
constitution;

(i) the procedure to be followed if a
dispute arises between the parties to the bargaining council;

(j) the procedure to be followed if a
dispute arises between a registered trade union that is a party to the
bargaining council, or its members, or both, on the one hand, and
employers who belong to a registered employers' organisation that is a
party to the bargaining council, on the other hand;

(k) the procedure for exemption from
collective agreements;

(l) the banking and investment of its
funds;

(m) the purposes for which its funds may
be used;

(n) the delegation of its powers and
functions;

(o) the admission of additional
registered trade unions and registered employers' organisations as
parties to the bargaining council, subject to the provisions of section
56;7

(p) a procedure for changing its
constitution; and

(q) a procedure by which it may resolve
to wind up.

(2) The requirements for the constitution
of a bargaining council in subsection (1) apply to the constitution of a
bargaining council in the public service except that-

(a) any reference to an "employers'
organisation" must be read as a reference to the State as employer;
and

(b) the requirement in subsection (1)(b)
concerning the representation of small and medium enterprises does not
apply.

(3) The constitution of the Public Service
Co-ordinating Bargaining Council must include a procedure for establishing
a bargaining council in a sector of the public service designated in terms
of section 37(l).

(4) The constitution of a bargaining
council in the public service may include provisions for the establishment
and functioning of chambers of a bargaining council on national and
regional levels.

31. Binding nature of
collective agreement concluded in bargaining council

Subject to the provisions of section 32 and
the constitution of the bargaining council, a collective agreement
concluded in a bargaining council binds only the parties to the bargaining
council who are parties to the collective agreement.

32. Extension of collective
agreement concluded in bargaining council

(1) A bargaining council may ask the
Minister in writing to extend a collective agreement concluded in the
bargaining council to any non-parties to the collective agreement that are
within its registered scope and are identified in the if at a meeting of
the bargaining council request, I

(a) one or more registered trade unions
whose members constitute the majority of the members of the trade unions
that are party to the bargaining council vote in favour of the
extension; and

(b) one or more registered employers'
organisations, whose members employ the majority of the employees
employed by the members of the employers' organisations that are party
to the bargaining council, vote in favour of the extension.

(2) Within 60 days of receiving the
request, the Minister must extend the collective agreement, as requested,
by publishing a notice in the Government Gazette declaring that, from a
specified date and for a specified period, the collective agreement will
be binding on the non-parties specified in the notice.

(3) A collective agreement may not be
extended in terms of subsection (2) unless the Minister is satisfied that-

(a) the decision by the bargaining
council to request the extension of the collective agreement complies
with the provisions of subsection (1);

(b) the majority of employees employed
within the registered scope of the bargaining council are members of the
trade unions that are party to the bargaining council;

(c) the members of the employers'
organisations that are party to the bargaining council employ the
majority of the employees employed within the registered scope of the
bargaining council;

(d) the non-parties specified in the
request fall within the bargaining council's registered scope;

(e) the collective agreement establishes
or appoints an independent body to grant exemptions to non-parties and
to determine the terms of those exemptions from the provisions of the
collective agreement as soon as possible;

(f) the collective agreement contains
criteria that must be applied by the independent body when it considers
applications for exemptions, and that those criteria are fair and
promote the primary objects of this Act; and

(g) the terms of the collective agreement
do not discriminate against non-parties.

(4) For the purpose of subsection (3)(e), a
bargaining council in its appointment of the members of the independent
body must have due regard to the nominations made by the institutions
listed in the schedule promulgated in terms of section 207(6).

(5) Despite subsection (3)(b) and (c), the
Minister may extend a collective agreement in terms of subsection (2)
if(a) the parties to the bargaining council are sufficiently
representative within the registered scope of the bargaining council; and

(b) the Minister is satisfied that
the failure to extend the agreement may undermine collective bargaining at
sectoral level.

(6) (a) After a notice has been published
in terms of subsection (2), the Minister, at the request of the bargaining
council, may publish a further notice in the Government Gazette

(i) extending the period specified in the
earlier notice by a further period determined by the Minister; or

(ii) if the period specified in the
earlier notice has expired, declaring a new date from which, and a
further period during which, the provisions of the earlier notice will
be effective.

(b) The provisions of subsections (3) and
(5), read with the changes required by the context, apply in respect of
the publication of any notice in terms of this subsection.

(7) The Minister, at the request of the
bargaining council, must publish a notice in the Government Gazette
cancelling all or part of any notice published in terms of subsection (2)
or (6) from a date specified in the notice.

(8) Whenever any collective agreement in
respect of which a notice has been published in terms of subsection (2) or
(6) is amended, amplified or replaced by a new collective agreement, the
provisions of this section apply to that new collective agreement.

33. Appointment and powers
of designated agents of bargaining councils

(1) The Minister may at the request of a
bargaining council appoint any person as the designated agent of that
bargaining council to help it enforce any collective agreement concluded
in that bargaining council.

(2) A bargaining council must provide each
designated agent with a certificate signed by the secretary of the
bargaining council stating that the agent has been appointed in terms of
this Act as a designated agent of that bargaining council.

(3) Within the registered scope of the
bargaining council, a designated agent of the bargaining council has all
the powers conferred on a commissioner by section 142, read with the
changes required by the context, except the powers conferred by section
142(l)(c) and (d). Any reference in that section to the director for the
purpose of this section, must be read as a reference to the secretary of
the bargaining council.

(4) The bargaining council may cancel the
certificate provided to a designated agent in terms of subsection (2) and
the agent then ceases to be a designated agent of the bargaining council
and must immediately surrender the certificate to the secretary of the
bargaining council.

34. Amalgamation of
bargaining councils

(1) Any bargaining council may resolve to
amalgamate with one or more other bargaining councils.

(2) The amalgamating bargaining councils
may apply to the registrar for registration of the amalgamated bargaining
council and the registrar must treat the application as an application in
terms of section 29.

(3) If the registrar has registered the
amalgamated bargaining council, the registrar must cancel the registration
of each of the amalgamating bargaining councils by removing their names
from the register of councils.

(4) The registration of an amalgamated
bargaining council takes effect from the date that the registrar enters
its name in the register of councils.

(5) When the registrar has registered an
amalgamated bargaining council-

(a) all the assets, rights, liabilities
and obligations of the amalgamating bargaining councils devolve upon and
vest in the amalgamated bargaining council; and

(b) all the collective agreements of the
amalgamating bargaining councils, regardless of whether or not they were
extended in terms of section 32, remain in force for the duration of
those collective agreements, unless amended or terminated by the
amalgamated bargaining council.

Part D-Bargaining Councils
In The Public Service

35. Bargaining councils in
public service

There will be a bargaining council for-

(a) the public service as a whole, to be
known as the Public Service Co-ordinating Bargaining Council; and

(b) any sector within the public service
that may be designated in terms of section 37.

36. Public Service
Co-ordinating Bargaining Council

(1) The Public Service Co-ordinating
Bargaining Council must be established in accordance with Schedule 1.8

(2) The Public Service Co-ordinating
Bargaining Council may perform all the functions of a bargaining council
in respect of those matters that-

(a) are regulated by uniform rules, norms
and standards that apply across the public service; or

(b) apply to terms and conditions of
service that apply to two or more sectors; or

(c) are assigned to the State as employer
in respect of the public service that are not assigned to the State as
employer in any sector.

37. Bargaining councils in
sectors in public service

(1) The Public Service Co-ordinating
Bargaining Council may designate a sector of the public service for the
establishment of a bargaining council.

(2) Despite subsection (1), the President,
after consulting the Public Service Co-ordinating Bargaining Council, may
designate a sector of the public service for the establishment of a
bargaining council if the uniform rules, norms and standards applicable to
the public service are not appropriate to regulate employment in that
sector.

8. Schedule 1 deals with the procedure for
the establishment of the Public Service Co-ordinating Bargaining Council.

(3) A bargaining council for a sector
designated by-

(a) the Public Service Co-ordinating
Bargaining Council must be established in terms of its constitution;

(b) the President must be established in
terms of Schedule 1.

(4) (a) The President may designate a
sector for the establishment of a bargaining council in respect of
employees of the State or organs of the State but who are not employees
engaged in the public service.

(b) A bargaining council must be
established in respect of a sector designated by the President in terms of
paragraph (a) and the provisions of item 3(3) to (9) of Schedule I apply.

(c) A bargaining council established in
terms of paragraph (b) will be deemed to be a bargaining council in the
public service for the purposes of this Act.

(5) A bargaining council established in
terms of subsection (3) or (4) has exclusive jurisdiction in respect of
matters that are specific to that sector and in respect of which the State
as employer in that sector has the requisite authority to conclude
collective agreements and resolve labour disputes.

38. Dispute resolution
committee

(1) The Minister for the Public Service and
Administration, after consulting NEDLAC and the Public Service
Co-ordinating Bargaining Council, must establish a dispute resolution
committee under the auspices of the Commission, and appoint to that
committee persons who have knowledge and experience of labour law and
labour relations in the public service.

(2) The functions of the dispute resolution
committee are to resolve any jurisdictional dispute between the Public
Service Co-ordinating Bargaining Council and any bargaining council
established in terms of section 37(3).

(3) If there is a jurisdictional dispute
between the Public Service Co-ordinating Bargaining Council and a
bargaining council established in terms of section 37(3), any party to the
dispute may refer the dispute in writing to the dispute resolution
committee.

(4) The party who refers the dispute to the
dispute resolution committee must satisfy it that a copy of the referral
has been served on the Public Service Co-ordinating Bargaining Council.

(5) The dispute resolution committee must
attempt to resolve the dispute as soon as possible through conciliation.

(6) If the dispute remains unresolved, any
party to the dispute may request that the dispute be resolved through
arbitration.

(7) The Minister for the Public Service and
Administration must determine the remuneration and allowances and any
other terms and conditions of appointment of committee members. The
expenditure incurred for that purpose will be defrayed from public funds.

Part E-Statutory Councils

39. Application to
establish statutory council

(1) For the purposes of this Part-

(a) "representative trade
union" means a registered trade union, or two or more registered
trade unions acting jointly, whose members constitute at least 30 per
cent of the employees in a sector and area; and

(b) "representative employers'
organisation" means a registered employers' organisation, or two or
more registered employers' organisations acting jointly, whose members
employ at least 30 per cent of the employees in a sector and area.

(2) A representative trade union or
representative employers' organisation may apply to the registrar in the
prescribed form for the establishment of a statutory council in a sector
and area in respect of which no council is registered.

(3) The registrar must apply the provisions
of section 29(2) to (10)9 to the application-

(a) read with the changes required by the
context; and

(b) subject to the deletion of the word
"sufficiently" in section 29(4)(c).

(4) The registrar must-

(a) consider the application and any
further information provided by the applicant; and

(b) determine whether-

(i) the applicant has complied with
section 29 and of this section;

9. The provisions of section 29 deal
with the procedure for the registration of a bargaining council.

(ii) the applicant is representative of
the sector and area determined by NEDLAC or the Minister; and

(iii) there is no other council
registered for the sector and area in respect of which the application
is made.

(5) If the registrar is not satisfied that
the applicant meets the requirements for establishment, the registrar
must-

(a) send the applicant a written notice
of the decision and the reasons for that decision; and

(b) in that notice, inform the applicant
that it has 30 days from the date of the notice to meet those
requirements.

(6) If, after the 30-day period, the
registrar concludes that the applicant has failed to meet the requirements
for establishment, the registrar must-

(a) refuse to register the applicant; and

(b) notify the applicant and any person
that objected to the application in writing of that decision.

40. Establishment and
registration of statutory council

(1) If the registrar is satisfied that the
applicant meets the requirements for the establishment of a statutory
council, the registrar, by notice in the Government Gazette, must
establish the statutory council for a sector and area.

(2) The notice must invite-

(a) registered trade unions and
registered employers' organisations in that sector and area to attend a
meeting; and

(b) any interested parties in that sector
and area to nominate representatives for the statutory council.

(3) The Commission must appoint a
commissioner to chair the meeting and facilitate the conclusion of an
agreement on-

(a) the registered trade unions and
registered employers' organisations to be parties to the statutory
council; and

(b) a constitution that meets the
requirements of section 30, read with the changes required by the
context.

(4) If an agreement is concluded, the
Minister may advise the registrar to register the statutory council in
accordance with the agreement if the Minister is satisfied that-

(a) every registered trade union and
registered employers' organisation that ought to have been included has
been included in the agreement; and

(b) the constitution meets the
requirements of section 30, read with the changes required by the
context.

(5) In considering the requirements in
subsection (4)(a), the Minister must take into account-

(a) the primary objects of this Act;

(b) the diversity of registered trade
unions and registered employers' organisations in the sector and area;
and

(c) the principle of proportional
representation.

(6) If the Minister is not satisfied in
terms of subsection (4), the Minister must advise the Commission of the
decision and the reasons for that decision and direct the Commission to
reconvene the meeting in terms of subsection (3) in order to facilitate
the conclusion of a new agreement.

(7) If advised by the Minister in terms of
subsection (4), the registrar must register the statutory council by
entering its name in the register of councils.

41. Establishment and
registration of statutory council in absence of agreement

(1) If no agreement is concluded in terms
of section 40(3), the commissioner must convene separate meetings of the
registered trade unions and employers' organisations to facilitate the
conclusion of agreements on-

(a) the registered trade unions to be
parties to the statutory council;

(b) the registered employers'
organisations to be parties to the statutory council; and

(c) the allocation to each party of the
number of representatives of the statutory council.

(2) If an agreement is concluded on-

(a) the registered trade unions to be
parties to the statutory council, the Minister must admit as parties to
the statutory council the agreed registered trade unions;

(b) the registered employers'
organisations to be parties to the statutory council, the Minister must
admit as parties to the statutory council the agreed registered
employers' organisations.

(3) If no agreement is concluded on-

(a) the registered trade unions to be
parties to the statutory council, the Minister must admit as parties to
the statutory council-

(i) the applicant, if it is a
registered trade union; and

(ii) any other registered trade union
in the sector and area that ought to be admitted, taking into account
the factors referred to in section 40(5);

(b) the registered employers'
organisations to be parties to the statutory council, the Minister must
admit as parties to the statutory council-

(i) the applicant, if it is a
registered employers' organisation; and

(ii) any other registered employers'
organisation in the sector and area that ought to be admitted, taking
into account the factors referred to in section 40(5).

(4) (a) The Minister must determine an even
number of representatives of the statutory council, taking into account
the factors referred to in section 40(5).

(b) One half of the representatives must be
allocated to the registered trade unions that are parties to the statutory
council and the other half of the representatives must be allocated to the
registered employers' organisations that are parties to the statutory
council.

(5) If no agreement is concluded in respect
of the allocation of the number of representatives of the statutory
council-

(a) between the registered trade unions
that are parties to the council, the Minister must determine this
allocation on the basis of proportional representation;

(b) between the registered employers'
organisations that are parties to the council, the Minister must
determine this allocation on the basis of proportional representation
and taking into account the interests of small and medium enterprises.

(6) If the applicant is a trade union and
there is no registered employers' organisation that is a party to the
statutory council, the Minister, after consulting the Commission, must
appoint suitable persons as representatives and alternates, taking into
account the nominations received from employers and employers'
organisations in terms of section 40(2).

(7) If the applicant is an employers'
organisation and there is no registered trade union that is a party to the
statutory council, the Minister, after consulting the Commission, must
appoint suitable persons as representatives and alternates, taking into
account the nominations received from employees and trade unions in terms
of section 40(2).

(8) The Minister must notify the registrar
of agreements concluded and decisions made in terms of this section, and
the registrar must-

(a) adapt the model constitution referred
to in section 207(3) to the extent necessary to give effect to the
agreements and decisions made in terms of this section;

(b) register the statutory council by
entering its name in the register of councils; and

(c) certify the constitution as the
constitution of the statutory council.

42. Certificate of
registration of statutory council

After registering a statutory council, the
registrar must

(a) issue a certificate of registration
that must specify the registered scope of the statutory council; and

(b) send the certificate and a certified
copy of the registered constitution to all the parties to the statutory
council and any representatives appointed to the statutory council.

43. Powers and functions of
statutory councils

(1) The powers and functions of a statutory
council are-

(a) to perform the dispute resolution
functions referred to in section 51;

(b) to promote and establish training and
education schemes; and

(c) to establish and administer pension,
provident, medical aid, sick pay, holiday, unemployment schemes or funds
or any similar schemes or funds for the benefit of one or more of the
parties to the statutory council or their members; and

(d) to conclude collective agreements to
give effect to the matters mentioned in paragraphs (a), (b), and (c).

(2) A statutory council, in terms of its
constitution, may agree to the inclusion of any of the other functions of
a bargaining council referred to in section 28.

(3) If a statutory council concludes a
collective agreement in terms of subsection (1)(d), the provisions of
sections 31 and 32 apply, read with the changes required by the context.

44. Ministerial
determinations

(1) A statutory council that is not
sufficiently representative within its registered scope may submit a
collective agreement on any of the matters mentioned in section 43(1)(a),
(b) or (c) to the Minister. The Minister must treat the collective
agreement as a recommendation made by the wage board in terms of the Wage
Act.

(2) The Minister may promulgate the
statutory council's recommendations as a determination under the Wage Act
if satisfied that the statutory council has complied with sections 7 and 9
of the Wage Act. For that purpose the provisions of sections 7 and 9 to 12
of the Wage Act, read with the changes required by the context, apply to
the statutory council as if it was the wage board.

(3) The determination must provide for

(a) exemptions to be considered by an
independent body appointed by the Minister; and

(b) criteria for exemption that are fair
and promote the primary objects of this Act.

(4) The Minister may in a determination
impose a levy on all employers and employees in the registered scope of
the statutory council to defray the operational costs of the statutory
council.

(5) A statutory council may submit a
proposal to the Minister to amend or extend the period of any
determination and the Minister may make the amendment to the determination
or extend the period by notice in the Government Gazette.

45. Disputes about
determinations

(1) If there is a dispute about the
interpretation or application of a determination promulgated in terms of
section 44(2), any party to the dispute may refer the dispute in writing
to the Commission.

(2) The party who refers the dispute to the
Commission must satisfy it that a copy of the referral has been served on
all the other parties to the dispute.

(3) The Commission must attempt to resolve
the dispute through conciliation.

(4) If the dispute remains unresolved, any
party to the dispute may request that the dispute be resolved through
arbitration.

46. Withdrawal of party
from statutory council

(1) If a registered trade union or
registered employers' organisation that is a party to a statutory council
withdraws from that statutory council, the Minister may request the
Commission to convene a meeting of the remaining registered trade unions
or registered employers' organisations in the sector and area, in order to
facilitate the conclusion of an agreement on the registered trade unions
or the registered employers' organisations to be parties and the
allocation of representatives to the statutory council.

(2) If no agreement is concluded, the
provisions of section 41 apply, read with the changes required by the
context.

47. Appointment of new
representative of statutory council

(1) If a representative appointed in terms
of section 41(6) or (7) for any reason no longer holds office, the
Minister must publish a notice in the Government Gazette inviting
interested parties within the registered scope of the statutory council to
nominate a new representative.

(2) The provisions of section 41(6) or (7)
apply, read with the changes required by the context, in respect of the
appointment of a new representative.

48. Change of status of
statutory council

(1) A statutory council may resolve to
apply to register as a bargaining council.

(2) The registrar must deal with the
application as if it were an application in terms of section 29,10 except
for section 29(4)(b), (7) to (10) and (15).

(3) If the registrar has registered the
statutory council as a bargaining council, the registrar must alter the
register of councils and its certificate to reflect its change of status.

(4) Any determination in force at the time
of the registration of the bargaining council or any agreement extended by
the Minister in terms of section 43(3)-

(a) continues to have force for the
period of its operation unless superseded by a collective agreement; and

(b) may be extended for a further period.

(5) The bargaining council must perform any
function or duty of the statutory council in terms of a determination
during the period in which the determination is still in effect.

(6) If any dispute in terms of a
determination is unresolved at the time the determination ceases to have
effect, the dispute must be dealt with as if the determination was still
in effect.

Part F-General Provisions
Concerning Councils

49. Representativeness of
council

(1) When considering the representativeness
of the parties to a council, or parties seeking registration of a council,
the registrar, having regard to the nature of the sector and the situation
of the area in respect of which registration is sought, may regard the
parties to a council as representative in respect of the whole area, even
if a trade union or employers' organisation that is a party to the council
has no members in part of that area.

(2) The registrar-

(a) after consultation with a council,
must fix a date for an annual review of the representativeness of the
council;

(b) must conduct that review once every
year by that date; and

(c) if satisfied that the council remains
representative, must issue a certificate of representativeness that must
include the following particulars-

(i) the number of employees employed
within the registered scope of the council;

(ii) the number of those employees who
are members of the trade unions that are party to the council; and

(iii) the number of employees employed
within the registered scope of the council by the members of the
employers' organisations that are party to the council.

(3) A certificate of representativeness
issued in terms of subsection (2) is sufficient proof of the
representativeness of the council for the following year.

50. Effect of registration
of council

(1) A certificate of registration is
sufficient proof that a registered council is a body corporate.

(2) A council has all the powers, functions
and duties that are conferred or imposed on it by or in terms of this Act,
and it has jurisdiction to exercise and perform those powers, functions
and duties within its registered scope.

(3) A party to a council is not liable for
any of the obligations or liabilities of the council by virtue of it being
a party to the council.

(4) A party to, or office-bearer or
official of, a council is not personally liable for any loss suffered by
any person as a result of an act performed or omitted in good faith by a
party to, or office-bearer or official of, a council while performing
their functions for the council.

(5) Service of any document directed to a
council at the address most recently provided to the registrar will be for
all purposes service of that document on that council.

51. Dispute resolution
functions of council

(1) In this section, dispute means any
dispute about a matter of mutual interest between-

(a) on the one side(i) one or more trade
unions; one or more employees; or one or more trade unions and one or
more employees; and

(b) on the other side-

(i) one or more employers'
organisations;

(ii) one or more employers; or

(iii) one or more employers'
organisations and one or more employers.

(2) (a) The parties to a council must
attempt to resolve any dispute between themselves in accordance with the
constitution of the council.

(b) Any party to a dispute who is not a
party to a council but who falls within the registered scope of the
council may refer the dispute to the council in writing.

(c) The party who refers the dispute to the
council must satisfy it that a copy of the referral has been served on all
the other parties to the dispute.

(3) If a dispute is referred to a council
in terms of this Act" and any party to that dispute is not a party to
that council, the council must attempt to resolve the dispute

(a) through conciliation; and

(b) if the dispute remains unresolved
after conciliation, the council must arbitrate the dispute if-

(i) this Act requires arbitration and
any party to the dispute has requested that it be resolved through
arbitration; or

(ii) all the parties to the dispute
consent to arbitration under the auspices of the council.

(4) If one or more of the parties to a
dispute that has been referred to the council do not fall within the
registered scope of that council, it must refer the dispute to the
Commission.

(5) The date on which the referral in terms
of subsection (4) was received by a council is, for all purposes, the date
on which the council referred the dispute to the Commission.

52. Accreditation of
council or appointment of accredited agency

Every council must-

(a) apply to the Commission for
accreditation to perform any of the functions referred to in section 51;
or

(b) appoint an accredited agency to
perform any of the functions referred to in section 51.

53. Accounting records and
audits

(1) Every council must, to the standards of
generally accepted accounting practice, principles and procedures

(a) keep books and records of its income,
expenditure, assets and liabilities; and

(b) within six months after the end of
each financial year, prepare financial statements, including at least-

(i) a statement of income and
expenditure for the previous financial year; and

(ii) a balance sheet showing its
assets, liabilities and financial position as at the end of the
previous financial year.

(2) Each council must arrange for an annual
audit of its books and records of account and its financial statements by
an auditor who must-

(a) conduct the audit in accordance with
generally accepted auditing standards; and

(b) report in writing to the council and
in that report express an opinion as to whether or not the council has
complied with those provisions of its constitution relating to financial
matters.

(3) Every council must-

(a) make the financial statements and the
auditor's report available to the parties to the council or their
representatives for inspection; and

(b) submit those statements and the
auditor's report to a meeting of the council as provided for in its
constitution.

(4) Every council must preserve each of its
books of account, supporting vouchers, income and expenditure statements,
balance sheets, and auditor's reports, in an original or reproduced form,
for a period of three years from the end of the financial year to which
they relate.

(5) The money of a bargaining council or of
any fund established by a bargaining council that is surplus to its
requirements or the expenses of the fund may be invested only in-

(1) In addition to the records required by
section 53(4), every council must keep minutes of its meetings, in an
original or reproduced form, for a period of three years from the end of
the financial year to which they relate.

(2) Every council must provide to the
registrar-

(a) within 30 days of receipt of its
auditor's report, a certified copy of that report and of the financial
statements;

(b) within 30 days of receipt of a
written request by the registrar, an explanation of anything relating to
the auditor's report or the financial statements;

(c) upon registration, an address within
the Republic at which it will accept service of any document that is
directed to it;

(d) within 30 days of any appointment or
election of its national office bearers, the names and work addresses of
those office-bearers, even if their appointment or election did not
result in any changes to its office-bearers; and

(e) 30 days before a new address for
service of documents will take effect, notice of that change of address.

(3) Every council must provide to the
Commission-

(a) certified copies of every collective
agreement concluded by the parties to the council, within 30 days of the
signing of that collective agreement; and

(b) the details of the admission and
resignation of parties to the council, within 30 days of their admission
or resignation.

55. Delegation of functions
to committee of council

(1) A council may delegate any of its
functions to a committee on any conditions, but any decision of a
committee may be amended or set aside by the council.

(2) A committee contemplated by subsection
(1) must consist of equal numbers of representatives of employees and
employers.

(3) The council, by delegating any
function, is not divested of any of its powers nor is it relieved of any
function or duty that it may have delegated.

56. Admission of parties to
council 12

(1) Any registered trade union or
registered employers' organisation may apply in writing to a council for
admission as a party to that council.

(2) The application must be accompanied by
a certified copy of the applicant's registered constitution and
certificate of registration and must include-

(a) details of the applicant's membership
within the registered scope of the council and, if the applicant is a
registered employers' organisation, the number of employees that its
members employ within that registered scope;

(b) the reasons why the applicant ought
to be admitted as a party to the council; and

(c) any other information on which the
applicant relies in support of the application.

(3) A council, within 90 days of receiving
an application for admission, must decide whether to grant or refuse an
applicant admission, and must advise the applicant of its decision,
failing which the council is deemed to have refused the applicant
admission.

(4) If the council refuses to admit an
applicant it must within 30 days of the date of the refusal, advise the
applicant in writing of its decision and the reasons for that decision.

12. See flow diagram No. 5 in Schedule 4.

(5) The applicant may apply to the Labour
Court for an order admitting it as a party to the council.

(6) The Labour Court may admit the
applicant as a party to the council, adapt the constitution of the council
and make any other appropriate order.

57. Changing constitution
or name of council

(1) Any council may resolve to change or
replace its constitution.

(2) The council must send the registrar a
copy of the resolution and a certificate signed by its secretary stating
that the resolution complies with its constitution.

(3) The registrar must-

(a) register the changed or new
constitution of a council if it meets the requirements of section 30 or
if it is a statutory council established in terms of section 41 if it
meets the requirements of the model constitution referred to in section
207(3); and

(b) send the council a copy of the
resolution endorsed by the registrar, certifying that the change or
replacement has been registered.

(4) The changed or new constitution takes
effect from the date of the registrar's certification.

(5) Any council may resolve to change its
name.

(6) The council must send the registrar a
copy of the resolution and the original of its current certificate of
registration.

(7) The registrar must-

(a) enter the new name in the register of
councils, and issue a certificate of registration in the new name of the
council;

(b) remove the old name from that
register and cancel the earlier certificate of registration; and

(c) send the new certificate to the
council.

(8) The new name takes effect from the date
that the registrar enters it in the register of councils.

58. Variation of registered
scope of council

(1) If the registrar is satisfied that the
sector and area within which a council is representative does not coincide
with the registered scope of the council, the registrar, acting
independently or in response to an application from the council or NEDLAC,
may vary the registered scope of the council.

(2) The provisions of section 29 apply,
read with the changes required by the context, to a variation in terms of
this section.

59. Winding-up of council

(1) The Labour Court may order a council to
be wound up if-

(a) the council has resolved to wind up
its affairs and has applied to the Court for an order giving effect to
that resolution; or

(b) the registrar of labour relations or
any party to the council has applied to the Court and the Court is
satisfied that the council is unable to continue to function for any
reason that cannot be remedied.

(2) If there are any persons not
represented before the Labour Court whose interests may be affected by an
order in terms of subsection (1), the Court must-

(a) consider those interests before
deciding whether or not to grant the order; and

(b) if it grants the order, include
provisions in the order disposing of each of those interests.

(3) If it makes an order in terms of
subsection (1), the Labour Court may appoint a suitable person as
liquidator, on appropriate conditions.

(4) (a) The registrar of the Labour Court
must determine the liquidator's fees.

(b) The Labour Court, in chambers, may
review the determination of the registrar of the Labour Court.

(c) The liquidator's fees are a first
charge against the assets of the council.

(5) If, after all the liabilities of the
council have been discharged, any assets remain that cannot be disposed of
in accordance with the constitution of that council, the liquidator must
realise those assets and pay the proceeds to the Commission for its own
use.

60. Winding-up of council
by reason of insolvency

Any person who seeks to wind-up a council
by reason of insolvency must comply with the Insolvency Act, 1936 (Act No.
24 of 1936), and, for the purposes of this section, any reference to the
court in that Act must be interpreted as referring to the Labour Court.

61. Cancellation of
registration of council

(1) The registrar of the Labour Court must
notify the registrar of labour relations if the Court has ordered a
council to be wound up.

(2) When the registrar receives a notice
from the Labour Court in terms of subsection (1), the registrar must
cancel the registration of the council by removing its name from the
register of councils.

(3) The registrar may notify a council and
every party to the council that the registrar is considering cancelling
the council's registration, if the registrar believes that-

(a) the council has ceased to perform its
functions in terms of this Act for a period longer than 90 days before
the date of the notice; or

(b) the council has ceased to be
representative in terms of the provisions of the relevant Part, for a
period longer than 90 days prior to the date of the notice.

(4) In a notice in terms of subsection (3),
the registrar must state the reasons for the notice and inform the council
and every party to the council that they have 60 days to show cause why
the council's registration should not be cancelled.

(5) After the expiry of the 60-day period,
the registrar, unless cause has been shown why the council's registration
should not be cancelled, must notify the council and every party to the
council that the registration will be cancelled unless an appeal to the
Labour Court is noted and the Court reverses the decision.

(6) The cancellation takes effect-

(a) if no appeal to the Labour Court is
noted within the time contemplated in section III (3), on the expiry of
that period; or

(b) if the council or any party has
appealed and the Labour Court has confirmed the decision of the
registrar, on the date of the Labour Court's decision.

(7) If either event contemplated in
subsection (6) occurs, the registrar must cancel the council' s
registration by removing the name of the council from the register of
councils.

(8) Any collective agreement concluded by
parties to a council whose registration has been cancelled, whether or not
the collective agreement has been extended to non-parties by the Minister
in terms of section 32, lapses 60 days after the council's registration
has been cancelled.

(9) Despite subsection (8), the provisions
of a collective agreement that regulates terms and conditions of
employment remain in force for one year after the date that the council' s
registration was cancelled, or until the expiry of the agreement, if
earlier.

(10) Any party to a dispute about the
interpretation or application of a collective agreement that regulates
terms and conditions of employment referred to in subsection (8) may refer
the dispute in writing to the Commission.

(11) The party who refers the dispute to
the Commission must satisfy it that a copy of the referral has been served
on all the other parties to the dispute.

(12) The Commission must attempt to resolve
the dispute through conciliation.

(13) If the dispute remains unresolved, any
party to the dispute may request that the dispute be resolved through
arbitration.

62. Disputes about
demarcation between sectors and areas

(1) Any registered trade union, employer,
registered employers' organisation or council that has a direct or
indirect interest in the application contemplated in this section may
apply to the Commission in the prescribed form and manner for a
determination as to-

(a) whether any employee, employer, class
of employees or class of employers, is or was employed or engaged in a
sector or area;

(b) whether any provision in any
arbitration award, collective agreement or wage determination made in
terms of the Wage Act is or was binding on any employee, employer, class
of employees or class of employers.

(2) If two or more councils settle a
dispute about a question contemplated in subsection (1)(a) or (b), the
councils must inform the Minister of the provisions of their agreement and
the Minister may publish a notice in the Government Gazette stating the
particulars of the agreement.

(3) In any proceedings in terms of this Act
before the Labour Court, if a question contemplated in subsection (1)(a)
or (b) is raised, the Labour Court must adjourn those proceedings and
refer the question to the Commission for determination if the Court is
satisfied that-

(a) the question raised-

(i) has not previously been determined
by arbitration in terms of this section; and

(ii) is not the subject of an agreement
in terms of subsection (2); and

(b) the determination of the question
raised is necessary for the purposes of the proceedings.

(4) When the Commission receives an
application in terms of subsection (1) or a referral in terms of
subsection (3), it must appoint a commissioner to hear the application or
determine the question, and the provisions of section 138 apply, read with
the changes required by the context.

(5) In any proceedings in terms of this Act
before a commissioner, if a question contemplated in subsection (1)(a) or
(b) is raised, the commissioner must adjourn the proceedings and consult
the director, if the commissioner is satisfied that-

(a) the question raised-

(i) has not previously been determined
by arbitration in terms of this section; and

(ii) is not the subject of an agreement
in terms of subsection (2); and

(b) the determination of the question
raised is necessary for the purposes of the proceedings.

(6) The director must either order the
commissioner concerned to determine the question or appoint another
commissioner to do so, and the provisions of section 138 apply, read with
the changes required by the context.

(7) If the Commission believes that the
question is of substantial importance, the Commission must publish a
notice in the Government Gazette stating the particulars of the
application or referral and stating the period within which written
representations may be made and the address to which they must be
directed.

(8) If a notice contemplated in subsection
(7) has been published, the commissioner may not commence the arbitration
until the period stated in the notice has expired.

(9) Before making an award, the
commissioner must consider any written representations that are made, and
must consult NEDLAC.

(10) The commissioner must send the award,
together with brief reasons, to the Labour Court and to the Commission.

(11) If the Commission believes that the
nature of the award is substantially important, it may publish notice of
the award in the Government Gazette.

(12) The registrar must amend the
certificate of registration of a council in so far as is necessary in
light of the award.

63. Disputes about Parts A
and C to F

(1) Any party to a dispute about the
interpretation or application of Parts A and C to F of this Chapter, may
refer the dispute in writing to the Commission unless-

(a) the dispute did not arise in the
course of arbitration proceedings or proceedings in the Labour Court; or

(b) the dispute is otherwise to be dealt
with in terms of Parts A and C to F.

(2) The party who refers the dispute to the
Commission must satisfy it that a copy of the referral has been served on
all the other parties to the dispute.

(3) The Commission must attempt to resolve
the dispute through conciliation.

(4) If the dispute remains unresolved, any
party to the dispute may refer it to the Labour Court for adjudication.

"Education Labour Relations
Council" means the council established by section 6(1) of the
Education Labour Relations Act;

"National Negotiating Forum"
means the National Negotiating Forum established for the South African
Police Service by the South African Police Service Labour Relations
Regulations, 1995;

"Public Service Bargaining
Council" means the council referred to in section 5(l) of the Public
Service Labour Relations Act;

"Public Service Labour Relations
Act" means the Public Service Labour Relations Act, 1994 (promulgated
by Proclamation No. 105 of 1994).

2. Establishment of Public Service
Co-ordinating Bargaining Council

(1) As soon as practicable after the
commencement of this Act, the Commission, by notice in the Government
Gazette, must invite the employee and employer representatives in the
Education Labour Relations Council, the National Negotiating Forum and
the central chamber of the Public Service Bargaining Council to attend a
meeting, with a view to those representatives agreeing on a constitution
for the Public Service Co-ordinating Bargaining Council.

(2) The Commission must appoint a
commissioner to chair the meeting and facilitate the conclusion of an
agreement on a constitution that meets the requirements of section 30,
read with the changes required by the context.

(3) The parties to the Education Labour
Relations Council, the National Negotiating Forum and the central
chamber of the Public Service Bargaining Council will be the founding
parties to the Public Service Co-ordinating Bargaining Council.

(4) If an agreement is concluded and the
registrar is satisfied that the constitution meets the requirements of
section 30, the registrar must register the Public Service Co-ordinating
Bargaining Council by entering its name in the register of councils.

(5) If no agreement is concluded on a
constitution, the registrar must-

(a) determine the constitution for the
Public Service Co-ordinating Bargaining Council;

(b) register the Public Service
Co-ordinating Bargaining Council by entering its name in the register
of councils; and

(c) certify the constitution as the
constitution of the Public Service Co-ordinating Bargaining Council.

(6) After registering the Public Service
Co-ordinating Bargaining Council, the registrar must-

(a) issue a certificate of registration
that must specify the registered scope of the Public Services
Co-ordinating Bargaining Council; and

(b) send the certificate and a
certified copy of the constitution to the Public Service Co-ordinating
Bargaining Council.

3. Establishment of bargaining councils in
sectors

(1) The departmental and provincial
chambers of the Public Service Bargaining Council are deemed to be
bargaining councils established in terms of section 37(3)(a) of this
Act, subject to any designation in terms of section 37(l) of this Act.

(2) The Education Labour Relations
Council is deemed to be a bargaining council established in terms of
section 37(3)(b) of this Act.

(3) The National Negotiating Forum is
deemed to be a bargaining council established for a sector designated in
terms of section 37(2).

(4) If the President designates a sector
in terms of section 37(2), the President must inform the Commission and
instruct it to convene a meeting of the representatives of the
registered trade unions with members employed in the sector.

(5) The Commission must publish a notice
in the Government Gazette inviting registered trade unions with members
employed in the sector to attend the meeting.

(6) The Commission must appoint a
commissioner to chair the meeting and facilitate the conclusion of an
agreement on-

(a) the registered trade unions to be
parties to the bargaining council; and

(b) a constitution that meets the
requirements of section 30, read with the changes required by the
context.

(7) If agreement is concluded, the
registrar must-

(a) admit the registered trade unions
as parties to the bargaining council; and

(b) if satisfied that the constitution
meets the requirements of section 30, register the bargaining council
by entering its name in the register of councils.

(8) If no agreement is concluded on-

(a) the registered trade unions to be
admitted, the Commission must decide which trade unions should be
admitted;

(b) a constitution, the registrar, in
accordance with the decisions made by the Commission in paragraph (a),
must determine a constitution that meets the requirements of section
30, read with the changes required by the context.

(9) The registrar must register the
bargaining council for the sector by entering its name in the register
of councils.

(10) After registering the bargaining
council, the registrar must-

(a) issue a certificate of registration
that must specify the registered scope of the bargaining council; and

(b) send the certificate and a
certified copy of the constitution to the bargaining council.